In yesterday’s Advisor, we discussed the “overtime revolution” and hit some common overtime violations. Today, more violations and the announcement of an audio conference that will help insulate you from overtime lawsuits.
As we said yesterday, overtime violations, easy as they should be to avoid, just keep coming and coming. And many involve high-dollar settlements. Here are more of the most common violations:
Off the clock. All work that you “suffer” employees to do is payable time, whether you wanted them to work it or not. Even if you have asked them not to work, if they work, you have to pay them. (Although they could be disciplined, they have to be paid.)
Typical violations involve your most eager employees, who work through lunch or breaks, or come in early or stay late off the clock. Whoops — those are probably all overtime hours.
Travel pay. The rules for paying nonexempt employees for travel time are fairly strange–typically, you pay only for hours that coincide with the employee’s normal hours of work. That’s for pure travel; if the employees are doing work (paperwork, phone calls, etc.), they have to be paid for those hours whenever they occur. Of course, these are likely to be overtime hours, especially with weekend travel. (Be sure to check state laws, which may require additional payments.)
On-call time. When you restrict employees’ activities after their normal workday, you may have to pay for on-call time and pay overtime on top of that.
Overtime–the hidden time bomb. It’s one of the most basic rules in HR — and one of the most frequently flouted. Learn what you need to know to avoid lawsuits and fines at BLR’s upcoming audio conference. Find out more
Confusion about overtime. Especially in companies with far-flung branches–fast food, gas, clothing, and restaurant chains, for example–you are counting on relatively untrained and inexperienced “managers” to make important decisions about overtime. If you don’t have good controls and regular visits and training, you could pile up dramatic bills.
Complexities Mean Honest Mistakes
Given the complexities of wage and hour regulations, it’s very easy for employers to make honest mistakes along the way. Errors such as the overtime mistakes catalogued above are surprisingly common. Add up fines, penalties, and settlements–not to mention legal fees–and even the smallest errors can snowball quickly into extremely expensive (and embarrassing) disasters for your organization.
Announcing a New Audio Conference:
Steps You Can Take Right Now to Protect Yourself Against Expensive Overtime Mistakes and Lawsuits
Join us for an in-depth audio conference on Oct. 22 as our expert speaker–an experienced employment attorney who counsels employers around the country on wage and hour issues–explains the most common causes for overtime lawsuits and how to root them out.
During Steps You Can Take Right Now to Protect Yourself Against Expensive Overtime Mistakes and Lawsuits, we’ll cover everything from auditing your job descriptions to preventing “unscheduled” overtime claims to classifying your employees correctly from the start.
You’ll learn practical strategies you can put in place immediately to protect yourself against overtime litigation.
Overtime–Your best workers may be piling it up unbeknownst to you. If they work it, you owe it. Working through lunch? Probably overtime. Working late off the clock? Probably overtime. Get the latest techniques for avoiding overtime lawsuits–attend BLR’s new overtime audio conference. Find out more
The date is October 22, 2008. The time, 1:30 to 3 p.m. (Eastern Time—adjust for your time zone). As with all BLR audio conferences, one fee trains all the staff you can fit around a conference phone, you can get your (and their) specific phoned-in or e-mailed questions answered in an extensive Q&A that follows the presentation, and your satisfaction is assured or you get a full refund.
What if you can’t attend on that date? Preorder the conference CD. For more information on the conference and the experts presenting it, to register, or to preorder the CD, go here. We’ll be happy to make the arrangements.